82 FR 32777 - Drawbridge Operation Regulation; Shrewsbury River, Sea Bright, New Jersey
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 136 (July 18, 2017)
Coast Guard
Federal Register Volume 82, Issue 136 (July 18, 2017)
| Page Range | 32777-32779 | |
| FR Document | 2017-15054 |
[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)] [Proposed Rules] [Pages 32777-32779] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15054] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0460] RIN 1625-AA09 Drawbridge Operation Regulation; Shrewsbury River, Sea Bright, New Jersey AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to modify the operating schedule that governs the Monmouth County Highway Bridge (alternatively referred to as the ``Sea Bright Bridge'' or the ``S-32 Bridge'') across the Shrewsbury River, mile 4.0 at Sea Bright, New Jersey. The bridge owner submitted a request to reduce scheduled openings of the span and include Fridays within the seasonal weekend operating schedule for the bridge. It is expected this change to the regulations will better serve the needs of the community while continuing to meet the reasonable needs of navigation. DATES: Comments and related material must reach the Coast Guard on or before September 18, 2017. ADDRESSES: You may submit comments identified by docket number USCG- 2017-0460 using Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or email Mr. James Moore, Project Officer, First Coast Guard District, telephone 212-514-4334, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security E.O. Executive order FR Federal Register NPRM Notice of proposed rulemaking Pub. L. Public Law Sec. Section U.S.C. United States Code II. Background, Purpose and Legal Basis The Monmouth County Highway Bridge, mile 4.0, across the Shrewsbury River at Sea Bright, New Jersey, offers mariners a vertical clearance of 15 feet at Mean High Water and 17 feet at Mean Low Water when the span is in the closed position. Vertical clearance is unlimited when the draw is open. Horizontal clearance is 75 feet. Waterway users include recreational and a limited number of commercial vessels including tug/barge combinations. The existing drawbridge regulation, 33 CFR 117.755, requires the draw of the Monmouth County Highway Bridge to open as follows: The draw shall open on signal at all times; except that, from May 15 through September 30, on Saturday, Sunday and holidays, between 9 a.m. and 7 p.m., the draw need open only on the hour and half hour. This regulation has been in effect since July 6, 2010. The owner of the bridge, the Monmouth County Board of Chosen Freeholders, requested a change to the drawbridge operating regulations given the increased volume of vehicular traffic crossing the bridge associated with the summer months. This increased vehicular traffic coupled with bridge openings for vessels on the hour as well as the half-hour has resulted in lengthy traffic jams on either side of the bridge during peak travel hours. Traffic congestion will be relieved through reduction of required bridge openings for vessels. [[Page 32778]] Monmouth County also requested that from May 15 to September 30 the modified operating regulations presently encompassing Saturdays, Sundays and holidays be expanded to include Fridays as well. Given the volume of vehicular traffic crossing the bridge at the beginning of the weekend, starting the modified weekend operating schedule on Friday will allow for more efficient and economical operation of the bridge. III. Discussion of Proposed Rule Members of the public attending a meeting held in Rumson, New Jersey on April 5, 2016 indicated a desire to modify the operating regulations based on repeated experience with traffic jams on either side of the bridge associated with seasonal waterway traffic patterns. Analysis furnished by Monmouth County confirms that the seasonal nature of bridge openings negatively impacts the efficient flow of vehicular traffic. Moreover, the study indicates that reducing the number of scheduled openings for vessels will not significantly affect the movement of waterway traffic. It was also noted that vehicular traffic builds significantly on each successive Friday leading into the weekend over the course of the summer. Based on the analysis provided, the Coast Guard proposes to permanently change the drawbridge operating regulation 33 CFR 117.755. The proposed rule would allow the Monmouth County Highway Bridge to open as follows: The draw shall open on signal at all times; except that, from May 15 through September 30, on Friday, Saturday, Sunday and holidays, between 9 a.m. and 7 p.m., the draw need only open on the hour. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on these statutes and Executive Orders and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This NPRM has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. The Coast Guard believes this rule is not a significant regulatory action. The bridge will open on the hour from 9 a.m. to 7 p.m. during Friday, Saturday, Sunday and Holidays throughout the summertime boating season, while still opening on signal during evening hours as well as through the autumn, winter and spring months. The minimum 15 foot vertical clearance available while the bridge is in the closed position is sufficient to allow a significant number of recreational vessels to safely and expeditiously pass through the draw without opening. B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. For the reasons stated in Sections III. and IV. A. above, this proposed rule will not pose a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.). D. Federalism and Indian Tribal Government A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule will not result in such an expenditure, we do discuss the effects of this proposed rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01, and Commandant Instruction M16475.l (series), which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321- 4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This proposed rule simply promulgates the operating regulations or procedures for drawbridges. Normally such actions are [[Page 32779]] categorically excluded from further review, under figure 2-1, paragraph (32)(e), of the Instruction. A preliminary Record of Environmental Consideration and a Memorandum for the Record are not required for this proposed rule. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this notice and all public comments are in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows: PART 117--DRAWBRIDGE OPERATION REGULATIONS 0 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1. 0 2. Amend Sec. 117.755 by revising paragraph (a) to read as follows: Sec. 117.755 Shrewsbury River * * * * * (a) The draw shall open on signal at all times; except that, from May 15 through September 30, on Friday, Saturday, Sunday and holidays, between 9 a.m. and 7 p.m., the draw need open only on the hour. * * * * * Dated: June 30, 2017. S.D. Poulin, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 2017-15054 Filed 7-17-17; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Proposed Rules 32777
www.regulations.gov. All personal Reduction Act of 1995 is not required. ADDRESSES: You may submit comments
identifying information (e.g., name, In 2013, OMB approved NTIA’s requests identified by docket number USCG–
address) voluntarily submitted by the to discontinue the following collections 2017–0460 using Federal eRulemaking
commenter may be publicly accessible. associated with the regulations Portal at http://www.regulations.gov.
Do not submit confidential business governing the PTFP: OMB Control See the ‘‘Public Participation and
information or otherwise sensitive or Numbers 0660–0003, 0660–0001, and Request for Comments’’ portion of the
protected information. 0605–0001; consequently, NTIA has no SUPPLEMENTARY INFORMATION section
active collections associated with its below for instructions on submitting
III. Repeal of Regulations for the Public regulations governing the PTFP.
Telecommunications Facilities Program comments.
Lists of Subjects in 15 CFR Part 2301 FOR FURTHER INFORMATION CONTACT: If
Congress authorized NTIA to establish
regulations ‘‘as may be necessary to Administrative procedure, Grant you have questions on this proposed
carry out’’ the PTFP.6 Due to the lack of programs—communications, Reporting rule, call or email Mr. James Moore,
funding for seven years and no and recordkeeping requirements, Project Officer, First Coast Guard
prospective funding for the PTFP, the Telecommunications. District, telephone 212–514–4334, email
regulations governing the PTFP are James.M.Moore2@uscg.mil.
unnecessary and obsolete. If these PART 2301—[REMOVED AND SUPPLEMENTARY INFORMATION:
regulations are not removed, it may RESERVED]
I. Table of Abbreviations
suggest that the program is still active ■ For the reasons stated above, and
and may cause confusion regarding the CFR Code of Federal Regulations
under the authority of 47 U.S.C. 390– DHS Department of Homeland Security
status of the program. Accordingly, 393 and 397–399b, NTIA proposes to
NTIA issues this NPRM to propose the E.O. Executive order
remove and reserve Part 2301. FR Federal Register
repeal of its regulations governing the
Dated: July 12, 2017. NPRM Notice of proposed rulemaking
PTFP. Pub. L. Public Law
Leonard Bechtel,
Executive Order 12866 § Section
Director of Administration and Chief U.S.C. United States Code
The proposed repeal of the Financial Officer, performing the non-
regulations governing the PTFP is not a exclusive duties of the Assistant Secretary II. Background, Purpose and Legal
significant regulatory action as defined for Communications and Information, Basis
National Telecommunications and
by Executive Order 12866. Information Administration. The Monmouth County Highway
Executive Order 13132 [FR Doc. 2017–14978 Filed 7–17–17; 8:45 am] Bridge, mile 4.0, across the Shrewsbury
River at Sea Bright, New Jersey, offers
The proposed repeal of the BILLING CODE 3510–60–P
mariners a vertical clearance of 15 feet
regulations governing the PTFP does not at Mean High Water and 17 feet at Mean
contain policies with federalism Low Water when the span is in the
implications sufficient to warrant DEPARTMENT OF HOMELAND
SECURITY closed position. Vertical clearance is
preparation of a federalism assessment unlimited when the draw is open.
under Executive Order 13132. Horizontal clearance is 75 feet.
Coast Guard
Regulatory Flexibility Act Waterway users include recreational
The proposed repeal of regulations 33 CFR Part 117 and a limited number of commercial
governing the PTFP will not have a vessels including tug/barge
[Docket No. USCG–2017–0460] combinations.
significant economic impact on a
substantial number of small entities. RIN 1625–AA09 The existing drawbridge regulation,
NTIA estimates that the proposed repeal 33 CFR 117.755, requires the draw of
Drawbridge Operation Regulation; the Monmouth County Highway Bridge
of the regulations governing PTFP will Shrewsbury River, Sea Bright, New
impact no small entities. The proposed to open as follows:
Jersey The draw shall open on signal at all
repeal of the regulations governing
PTFP does not include reporting, AGENCY: Coast Guard, DHS. times; except that, from May 15 through
recordkeeping, or other compliance ACTION: Notice of proposed rulemaking. September 30, on Saturday, Sunday and
requirements; therefore, no small holidays, between 9 a.m. and 7 p.m., the
entities will be subject to such SUMMARY: The Coast Guard proposes to draw need open only on the hour and
requirements. Thus, the Chief Counsel modify the operating schedule that half hour.
for Regulation of the Department of governs the Monmouth County Highway This regulation has been in effect
Commerce is providing a certification to Bridge (alternatively referred to as the since July 6, 2010. The owner of the
the Chief Counsel for Advocacy of the ‘‘Sea Bright Bridge’’ or the ‘‘S–32 bridge, the Monmouth County Board of
Small Business Administration in Bridge’’) across the Shrewsbury River, Chosen Freeholders, requested a change
accordance with section 605(b) of the mile 4.0 at Sea Bright, New Jersey. The to the drawbridge operating regulations
Regulatory Flexibility Act (5 U.S.C. bridge owner submitted a request to given the increased volume of vehicular
605(b)). reduce scheduled openings of the span traffic crossing the bridge associated
and include Fridays within the seasonal with the summer months. This
pmangrum on DSK3GDR082PROD with PROPOSALS
Paperwork Reduction Act weekend operating schedule for the increased vehicular traffic coupled with
The proposed repeal of the bridge. It is expected this change to the bridge openings for vessels on the hour
regulations governing the PTFP contains regulations will better serve the needs of as well as the half-hour has resulted in
no collections of information. Therefore, the community while continuing to lengthy traffic jams on either side of the
clearance by the Office of Management meet the reasonable needs of navigation. bridge during peak travel hours. Traffic
and Budget (OMB) under the Paperwork DATES: Comments and related material congestion will be relieved through
must reach the Coast Guard on or before reduction of required bridge openings
6 47 U.S.C. 392(e). September 18, 2017. for vessels.
VerDate Sep<11>2014 15:01 Jul 17, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\18JYP1.SGM 18JYP1](https://thefederalregister.org/doc/82_FR_32913/page/1.svg)
![Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Proposed Rules 32779
categorically excluded from further List of Subjects in 33 CFR Part 117 tasking is in response to the issuance of
review, under figure 2–1, paragraph Bridges. Executive Orders 13771, ‘‘Reducing
(32)(e), of the Instruction. Regulation and Controlling Regulatory
For the reasons discussed in the
A preliminary Record of Costs; 13777, ‘‘Enforcing the Regulatory
preamble, the Coast Guard proposes to
Environmental Consideration and a Reform Agenda;’’ and 13783,
amend 33 CFR part 117 as follows:
Memorandum for the Record are not ‘‘Promoting Energy Independence and
required for this proposed rule. We seek PART 117—DRAWBRIDGE Economic Growth.’’ The full Committee
any comments or information that may OPERATION REGULATIONS is scheduled to meet by teleconference
lead to the discovery of a significant on August 24, 2017, to discuss this
environmental impact from this ■ 1. The authority citation for part 117 tasking. This teleconference will be
proposed rule. continues to read as follows: open to the public. The U.S. Coast
Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Guard will consider NMSAC
G. Protest Activities recommendations as part of the process
Department of Homeland Security Delegation
The Coast Guard respects the First No. 0170.1. of identifying regulations, guidance, and
Amendment rights of protesters. ■ 2. Amend § 117.755 by revising collections of information to be
Protesters are asked to contact the paragraph (a) to read as follows: repealed, replaced, or modified
person listed in the FOR FURTHER pursuant to the three Executive Orders
INFORMATION CONTACT section to § 117.755 Shrewsbury River discussed above.
coordinate protest activities so that your * * * * * DATES: The full Committee is scheduled
message can be received without (a) The draw shall open on signal at to meet by teleconference on August 24,
jeopardizing the safety or security of all times; except that, from May 15 2017, from 11 a.m. to 12 p.m. EDT.
people, places or vessels. through September 30, on Friday, Please note that this teleconference may
Saturday, Sunday and holidays, adjourn early if the Committee has
V. Public Participation and Request for between 9 a.m. and 7 p.m., the draw completed its business.
Comments need open only on the hour. ADDRESSES: To join the teleconference
We view public participation as * * * * * or to request special accommodations,
essential to effective rulemaking, and Dated: June 30, 2017.
contact the individual listed in the FOR
will consider all comments and material FURTHER INFORMATION CONTACT section
S.D. Poulin,
received during the comment period. no later than 1 p.m. on August 17, 2017.
Rear Admiral, U.S. Coast Guard, Commander, The number of teleconference lines is
Your comment can help shape the First Coast Guard District.
outcome of this rulemaking. If you limited and will be available on a first-
[FR Doc. 2017–15054 Filed 7–17–17; 8:45 am]
submit a comment, please include the come, first-served basis.
docket number for this rulemaking,
BILLING CODE 9110–04–P Instructions: Submit comments on the
indicate the specific section of this task statement at any time, including
document to which each comment orally at the teleconference, but if you
DEPARTMENT OF HOMELAND want Committee members to review
applies, and provide a reason for each SECURITY
suggestion or recommendation. your comments before the
teleconference, please submit your
We encourage you to submit Coast Guard
comments no later than August 17,
comments through the Federal 2017. You must include the words
eRulemaking Portal at http:// 33 CFR Chapter I
‘‘Department of Homeland Security’’
www.regulations.gov. If your material and the docket number for this action.
cannot be submitted using http:// 46 CFR Chapters I and III
Written comments may also be
www.regulations.gov, contact the person submitted using the Federal e-
in the FOR FURTHER INFORMATION 49 CFR Chapter IV
Rulemaking Portal at http://
CONTACT section of this document for [Docket No. USCG–2017–0663] www.regulations.gov. If you encounter
alternate instructions. technical difficulties with comment
We accept anonymous comments. All National Maritime Security Advisory submission, contact the individual
comments received will be posted Committee—Input To Support listed in the FOR FURTHER INFORMATION
without change to http:// Regulatory Reform of Coast Guard CONTACT section of this notice.
www.regulations.gov and will include Regulations—New Task Comments received will be posted
any personal information you have AGENCY: U.S. Coast Guard, Department without alteration at http://
provided. For more about privacy and of Homeland Security. www.regulations.gov, including any
the docket, you may review a Privacy personal information provided. You
ACTION: Announcement of new task
Act notice regarding the Federal Docket may review Regulations.gov’s Privacy
Management System in the March 24, assignment for the National Maritime
Security Advisory Committee (NMSAC); and Security Notice at https://
2005, issue of the Federal Register (70 www.regulations.gov/privacyNotice.
FR 15086). teleconference meeting.
Docket Search: For access to the
Documents mentioned in this notice SUMMARY: The U.S. Coast Guard is docket or to read documents or
comments related to this notice, go to
pmangrum on DSK3GDR082PROD with PROPOSALS
and all public comments are in our issuing a new task to the National
online docket at http:// Maritime Security Advisory Committee http://www.regulations.gov, insert
www.regulations.gov and can be viewed (NMSAC). The U.S. Coast Guard is ‘‘USCG–2017–0663’’ in the Search box,
by following that Web site’s asking NMSAC to help the agency press Enter, and then click on the item
instructions. Additionally, if you go to identify existing regulations, guidance, you wish to view.
the online docket and sign up for email and collections of information (that fall FOR FURTHER INFORMATION CONTACT: Mr.
alerts, you will be notified when within the scope of the Committee’s Ryan Owens, Alternate Designated
comments are posted or a final rule is charter) for possible repeal, Federal Officer of the National Maritime
published. replacement, or modification. This Security Advisory Committee,
VerDate Sep<11>2014 15:01 Jul 17, 2017 Jkt 241001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\18JYP1.SGM 18JYP1](https://thefederalregister.org/doc/82_FR_32913/page/3.svg)
Document Created: 2018-10-24 11:26:30
Document Modified: 2018-10-24 11:26:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must reach the Coast Guard on or before September 18, 2017. | |
| Contact | If you have questions on this proposed rule, call or email Mr. James Moore, Project Officer, First Coast Guard District, telephone 212-514-4334, email [email protected] | |
| FR Citation | 82 FR 32777 | |
| RIN Number | 1625-AA09 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR